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March, 1999
Volume 5, Number 3

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IMMIGRATION
By K. S. Rai

Dear Mr. Rai:

I am an American Citizen and I wish to sponsor my parents for immigrant visas. I would like to know what are the documents required to file the petition and how long it will take them to get the visas?

Balwant Singh
Hayward, CA

Dear Mr. Singh:

In order to sponsor your parents you must fill separate Relative Petition Forms I-130 for your parents and you must be at least 21 years old. The filing fee for each petition is $110. In order to prove the relationship you may submit the following supporting documents.

  1. A copy of your Naturalization Certificate to prove that you are an American Citizen or a copy of your Birth Certificate if you are a born citizen.
  2. A copy of your Birth Certificate showing the names of you father and mother. If you are born in India the Birth Certificate must be issued by the local office of the Registrar of Births.
  3. If your birth was not registered with the local office of the Registrar of Births then get a Not Found Certificate.
  4. Along with the Not Found Certificate you must furnish affidavits from two individuals who have the personal knowledge of your birth. The each affidavit must indicate his or her full name, address, date and place of birth, and his or her relationship to you, if any, full information concerning the event and complete details concerning how the person acquired knowledge of the birth.
  5. If your Birth Certificate does not show the name of your mother then get affidavits from two individuals who have the personal knowledge of relationship.
  6. You can also submit additional documents like your school records, marriage certificate etc. or any other document you may have to prove the relationship.

The properly filled petitions and the supporting documents must be mailed to the following address if you are living in California:

INS/California Service Center
P.O. Box 10130
Laguna Niguel, CA 92607-0130

The relative petition filed by an American Citizen for parents comes under the Immediate Relative Category and for this category there is no waiting period. However, there is a processing time and presently INS takes four to six months to process the petition. After approval the petition is sent to the U.S. Consulate abroad to process the Immigrant Visa application.

The visa officer at the U.S. Consulate or Embassy will schedule an interview. On interview date officer will review all the required supporting documents. You must also send an Affidavit of Financial Support, Form I-864, to your parents to prove that you have sufficient funds available to support your relatives in the United States. In this regard you will get a packet from INS listing required documents and Form I-864 along with instructions.

March Visa Availability for India Born

The bulletin issued by the Visa Office of the Bureau of Consular Affairs of the U.S. Department of States gives the following availability position for the issuance of immigrant visa during the month of March 1999.

PREFERENCE CATEGORY DATES
1st Unmarried Sons and Daughters of U.S. Citizens Oct 15, 1997
2nd 2-A: Spouses & Children (< 21) of Green Card Holders
2-B: Unmarried Sons & Daughters (> 21)of Green Card Holders
Aug 22, 1994
Apr 22, 1992
3rd Married Sons and Daughters of U.S. Citizens Jul 8, 1995
4th Brothers and Sisters of Adult U.S. Citizens Jun 1, 1986

Disclaimer: The information and opinion stated in this column should NOT be construed by readers as legal advice concerning their specific situations. The readers should always consult their legal counsel regarding their individual matters.


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